| Author | Title | Citation | Summary | Year | Key Terms |
| Maxwell O. Chibundu |
For God, for Country, for Universalism: Sovereignty as Solidarity in Our Age of Terror |
56 Florida Law Review 883 (December, 2004) |
On September 11, 2001, three hijacked jet airliners deliberately were crashed into buildings in New York City and Washington, D.C. A fourth aircraft, apparently intended for the same purpose, crashed into a field in Pennsylvania. The lives of approximately three thousand persons were snuffed out in a matter of barely over an hour, and another two... |
2004 |
|
| Gary L. McDowell , Stephen B. Presser |
Foreword: Human Rights, the Rule of Law, and National Sovereignty |
2 Northwestern Journal of International Human Rights Rts. 1 (Spring, 2004) |
On July 23, 2000, in London, England, we were the convenors of a conference jointly sponsored by the University of London's Institutes of Advanced Legal Studies, Historical Research, and United States Studies and Northwestern University School of Law, made possible by a grant from the Searle Fund. The title of the conference was At Century's Dawn:... |
2004 |
|
| Katrina L. Fischer |
Harnessing the Treaty Power in Support of Environmental Regulation of Activities That Don't "Substantially Affect Interstate Commerce": Recognizing the Realities of the New Federalism |
22 Virginia Environmental Law Journal 167 (2004) |
I. Introduction. 167 II: The Scope of the Treaty Power Eighty Years after Missouri v. Holland--Ill Understood and Ripe for Narrowing. 177 III: Adducing a Limiting Principle--A Treaty Power Framework that Accommodates the Environment. 187 IV: Applying the Proposed Treaty Power Framework. 201 V. Conclusion. 213 |
2004 |
|
| |
Hood's in Rem Exception to State Sovereign Immunity in Bankruptcy: a Personal Jurisdiction Time Warp |
24 Bankruptcy Law Letter Letter 1 (7/1/2004) |
As predicted in the March 2003 issue of the Bankruptcy Law Letter, critiquing the Sixth Circuit's state sovereign immunity decision in Hood v. Tennessee Student Assistance Corp., the circuit split created by the Sixth Circuit prompted the Supreme Court to grant[] certiorari to determine whether the Bankruptcy] Clause grants Congress the authority... |
2004 |
|
| Major Alison Martin |
How Far Can They Go: Should Commanders Be Able to Treat Hotel Rooms like an Extension of the Barracks for Search and Seizure Purposes? |
2004-JUN Army Lawyer Law. 1 (June, 2004) |
A military barracks or berthing area may be a foxhole in a remote training or combat area or it may be the almost mythical condominiums referred to in recruiting brochures and motion pictures. It may be represented by elaborate areas of individual room configuration designed to accord to the service member a measure of personal privacy and... |
2004 |
|
| Connie de la Vega |
Human Rights and Trade: Inconsistent Application of Treaty Law in the United States |
9 UCLA Journal of International Law and Foreign Affairs Aff. 1 (Spring-Summer 2004) |
Over the past sixty years a dichotomy has developed in the United States' involvement in international agreements, subjecting treaties based on economic concerns to a different ratification mechanism than those relating to human rights abuses. That dichotomy has resulted from actions by all three branches of the federal government that increasingly... |
2004 |
|
| Emily A. Benfer |
In the Best Interests of the Child? : an International Human Rights Analysis of the Treatment of Unaccompanied Minors in Australia and the United States |
14 Indiana International & Comparative Law Review 729 (2004) |
[M]ankind owes to the child the best it has to give. A young boy in solitary confinement lay motionlessly on the concrete. His face was red, as though he had been crying. In order to walk, he had to be physically supported by guards. Horrified by being shackled and transferred to a high-security prison, he had not eaten for five days. The child... |
2004 |
|
| Haegyung Cho |
Incarcerated Women and Abuse: the Crime Connection and the Lack of Treatment in Correctional Facilities |
14 Southern California Review of Law and Women's Studies 137 (Fall, 2004) |
Ms. Ellen Richardson is incarcerated at Valley State Prison for Women in Chowchilla, California. There are no domestic violence support groups in the prison to help her cope with her abusive past and [she is] basically left to deal with [her] pain as part of [her] sentence. As she articulates, none of the women leaving this prison would be... |
2004 |
|
| C.A. Gupta and Vijay Dhingra |
Indian Supreme Court Rules on Residency under India-mauritius Tax Treaty |
15 Journal of International Taxation 42 (June, 2004) |
The Supreme Court of India, in a landmark decision of October 7, 2003, upheld the validity of Circular No. 789 issued by the Central Board of Direct Taxes (CBDT), which provides that a certificate of tax residence issued by the Mauritius government should be regarded as sufficient evidence of residence in determining whether the residency... |
2004 |
Yes |
| Stephen J. Choi , G. Mitu Gulati |
Innovation in Boilerplate Contracts: an Empirical Examination of Sovereign Bonds |
53 Emory Law Journal 929 (2004) |
Network externalities may lead contracting parties to stay with a standardized term despite preferences for another term. Using a dataset of sovereign bond offerings from 1995 to early 2004, we test the importance of standardization for the modification provisions relating to payment terms. We provide evidence that (1) standardization may lead... |
2004 |
|
| Katherine Florey |
Insufficiently Jurisdictional: the Case Against Treating State Sovereign Immunity as an Article Iii Doctrine |
92 California Law Review 1375 (October, 2004) |
Introduction. 1377 I. The Jurisdictional Characterization of State Sovereign Immunity Doctrine. 1384 A. An Overview of State Sovereign Immunity's Historical Origins. 1385 B. Three Arguments for the Subject Matter Jurisdiction Theory of Sovereign Immunity. 1389 1. The Eleventh Amendment Explanation for Sovereign Immunity's Jurisdictional Status.... |
2004 |
|
| Katherine Florey |
Insufficiently Jurisdictional: the Case Against Treating State Sovereign Immunity as an Article Iii Doctrine |
92 California Law Review 1375 (October, 2004) |
Introduction. 1377 I. The Jurisdictional Characterization of State Sovereign Immunity Doctrine. 1384 A. An Overview of State Sovereign Immunity's Historical Origins. 1385 B. Three Arguments for the Subject Matter Jurisdiction Theory of Sovereign Immunity. 1389 1. The Eleventh Amendment Explanation for Sovereign Immunity's Jurisdictional Status.... |
2004 |
|
| Thomas H. Lee |
International Law, International Relations Theory, and Preemptive War: the Vitality of Sovereign Equality Today |
67-AUT Law and Contemporary Problems 147 (Autumn 2004) |
The norm of sovereign equality in international law is so resolutely canonical that its precise meaning, origins, and justifications are rarely examined. Whatever the general merits of the norm, its retention seems fairly open to question when one sovereign state appears supremely unequal among 191 sovereign states in terms of military power. The... |
2004 |
|
| T. Alexander Aleinikoff |
International Law, Sovereignty, and American Constitutionalism: Reflections on the Customary International Law Debate |
98 American Journal of International Law 91 (January, 2004) |
The preceding contributions to this Agora investigate the discernible trend in Supreme Court decisions of citing international legal materials in support of a conclusion about domestic constitutional law. Discussion of this rather limited use of international lawfar short of the notion that [i]nternational law is part of our law implicates a... |
2004 |
|
| James E. Pfander |
Judicial Ping-pong |
92 Illinois Bar Journal 652 (December, 2004) |
Credit the Illinois General Assembly with ending a game of federal-state judicial ping-pong last spring. The game began when the U.S. Court of Appeals for the Seventh Circuit cited sovereign immunity in refusing to allow discrimination claims against the state of Illinois in federal court. But the seventh circuit qualified its decision by noting... |
2004 |
|
| Julia E. Sullivan |
Legal Analysis of the Treaty Violations That Resulted in the Nez Perce War of 1877 |
40 Idaho Law Review 657 (2004) |
In 1805, the Nez Perce Tribe of Indians befriended the first representatives of the U.S. government ever to travel through their country-Meriweather Lewis, William Clark, and the other members of the U.S. Corps of Discovery. The Nez Perce fed the Americans, who were nearly starved after a wretched trip through the Bitterroot Mountains, and,... |
2004 |
|
| Celia M., Rumann, &, Jon M. Sands, Celia M. Rumann is an, Assistant Professor of, Law, University of St., Thomas, School of Law,, Minneapolis, Jon M. Sands is an, Assistant Federal Public, Defender, District of, Arizona, Both authors were, members of the |
Lost in Incarceration: Native American Advisory Group's Suggested Treatment for Sex Offenders |
2004 Federal Sentencing Reporter 2189133 (2/1/2004) |
Federal prosecutions for all types of sex offenses have been increasing. This is a result of shifting prosecutorial priorities, both from the Department of Justice and from Congress, as related to child pornography, traveler child sex cases, sexual tourism, sex slavery, prostitution, and sexual offenses that arise from areas of exclusive... |
2004 |
Yes |
| Angela C. Blandino |
Louisiana's Treatment of Tax-exempt Entities: Contesting Assessments on Exempt Property |
13-JAN Journal of Multistate Taxation and Incentives 24 (January, 2004) |
In Windsor Housing, the Louisiana First Circuit Court of Appeal has read into the state's statutory scheme a requirement that a nonprofit entity pay the entirety of a wrongfully assessed ad valorem tax under protest by December 31 of a given year in order to preserve its right to challenge the legality of the tax. The thought of Louisiana... |
2004 |
|
| Bradley Karkkainen |
Marine Ecosystem Management & a "Post-sovereign" Transboundary Governance |
6 San Diego International Law Journal 113 (Fall 2004) |
I. Introduction. 113 II. Structural Limitations of Public International Law. 114 III. Scale Mismatches. 116 IV. Capacity Mismatches: From Regulation by Fixed Rule to Adaptive Ecosystem Management. 120 V. Leading Cases. 126 A. The Chesapeake Bay. 126 B. The U.S.-Canadian Great Lakes. 130 C. The Baltic Sea. 133 VI. Toward a Global Support Structure... |
2004 |
|
| Susan Hall Dudley |
Medical Treatment for Asian Immigrant Children--does Mother Know Best? |
92 Georgetown Law Journal 1287 (August, 2004) |
Faith in the curative power of Western medicine is deeply rooted in American culture. This faith is reflected in our legal system, and becomes apparent when courts must make judgments about the relative value of Western techniques as compared with remedies stemming from other cultural traditions. An increasing percentage of Americans were not... |
2004 |
|
| Scott C. Idleman |
Multiculturalism and the Future of Tribal Sovereignty |
35 Columbia Human Rights Law Review 589 (Summer 2004) |
One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset... |
2004 |
Yes |
| |
Native American Sovereignty on Trial: a Handbook with Cases, Law, and Documents. By Bryan H. Wildenthal. Santa Barbara, Ca: Abc-clio Press, 2003. Pg. 359. $55.00 Hardback. |
44 Natural Resources Journal 924 (Summer 2004) |
From 1830 to 1836, George Caitlin traveled around the western United States to paint plains Indians. Caitlin, a lawyer turned painter, sought to preserve the customs and appearance of the Indians through his work. He idealized the Indians' relationship with nature and hoped that his Indian Gallery would help defend and preserve their way of... |
2004 |
|
| Ana Maria Merico-Stephens |
Of Federalism, Human Rights, and the Holland Caveat: Congressional Power to Implement Treaties |
25 Michigan Journal of International Law 265 (Winter 2004) |
Introduction. 266 I. The International Covenant on Civil and Political Rights, VAWA, and Implementing Legislation. 275 A . The Recognition of Gender-Motivated Violence and Sex Discrimination as an International Human Rights Problem. 275 1. Introduction. 275 2. The Role of the International Covenant on Civil and Political Rights. 280 3.... |
2004 |
|
| Y. Frank Chiang |
One-china Policy and Taiwan |
28 Fordham International Law Journal L.J. 1 (December, 2004) |
In April 2003, the severe acute respiratory syndrome (SARS) disease spread to the island of Taiwan. Not being a member of the World Health Organization (WHO), Taiwan could not receive information provided by the WHO for preventing the spread of the SARS diseases. Earlier, the government of the Republic of China (R.O.C.) in Taiwan applied to... |
2004 |
|
| Francisco Forrest Martin |
Our Constitution as Federal Treaty: a New Theory of United States Constitutional Construction Based on an Originalist Understanding for Addressing a New World |
31 Hastings Constitutional Law Quarterly 269 (Spring 2004) |
This Article argues that the Constitution is a federal treaty based on an originalist understanding. As a treaty, the Constitution must be construed in conformity with the United States' customary international legal obligations, according to the international law governing treaties. Furthermore, these customary international legal norms often will... |
2004 |
|
| Jordan J. Paust |
Post-9/11 Overreaction and Fallacies Regarding War and Defense, Guantanamo, the Status of Persons, Treatment, Judicial Review of Detention, and Due Process in Military Commissions |
79 Notre Dame Law Review 1335 (July, 2004) |
Introduction. 1335 I. Some Erroneous Post-9/11 Claims. 1336 A. 9/11's Supposed Radical Transformation of Legal Restraints. 1336 B. Supposed War Against al Qaeda and International Terrorism . 1340 C. Supposed Permissibility of Preemptive Self-Defense. 1343 D. Supposed Legal No-Man's Lands . 1346 E. Supposed Unprotected Persons. 1350 1. The... |
2004 |
|
| Lindsay Halm |
Putting Flesh on the Bones of United States v. Winans: Private Party Liability under Treaties That Reserve Actual Fish for the Tribal Taking |
79 Washington Law Review 1181 (November, 2004) |
Abstract: One hundred years ago, in United States v. Winans, the United States Supreme Court announced that private parties are subject to the rights reserved by Indians under treaty. Accordingly, tribes enforce their treaty fishing rights in federal court to halt private and government actions that threaten to impair their reserved right to take a... |
2004 |
Yes |
| Steven Andrew Light , Kathryn R.L. Rand |
Reconciling the Paradox of Tribal Sovereignty: Three Frameworks for Developing Indian Gaming Law and Policy |
4 Nevada Law Journal 262 (Winter 2003/2004) |
Wow, man - Indians have it good! - Eric, upon arriving at the Three Feathers casino, on Fox television's South Park Indian gaming, perhaps more so than any issue facing tribes in the last half-century, is a subject of ever-increasing public fascination and policy debate. In tribal gaming's second decade of rapid expansion across the country,... |
2004 |
Yes |
| Mariano-Florentino Cuellar |
Reflections on Sovereignty and Collective Security |
40 Stanford Journal of International Law 211 (Summer 2004) |
When the guns fell silent at the end of World War II, the United States and its allies supported the creation of an institutional arrangement that was supposed to make unprecedented contributions to collective international security. The United Nations Charter (Charter) was central to that arrangement. The Charter assigned a preeminent role to... |
2004 |
|
| Professor Charles J. Ogletree, Jr. , Harvard Law School, 516 Hauser Hall, Cambridge, MA 02138, (617) 495-5097, Fax (617) 495-1110, ogletree@law.harvard.edu |
Reflections on the First Half-century of Brown v. Board of Education-- Part 3 |
28-JUL Champion 24 (July, 2004) |
In May 1954, the United States Supreme Court, in Brown v. Board of Education, declared that separate but equal had no place in public education. The decision did allow the states to desegregate at their own chosen speed. When the Jim Crow system fell, it did not fall in one fell swoop. The promise of Brown, still largely to be fulfilled, was in... |
2004 |
|
| Jared Wessel |
Relational Contract Theory and Treaty Interpretation: End-game Treaties v. Dynamic Obligations |
60 New York University Annual Survey of American Law 149 (2004) |
The conventional, and generally followed, wisdom in international law regarding treaty interpretation is clear; all treaties, regardless of their subject matter, are governed by the same rules. The Vienna Convention on the Law of Treaties (Vienna Convention) defines the interpretive norms and rules for all treaties, be it commerce, navigation,... |
2004 |
|
| Michael C. Blumm |
Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-making and Modern Natural Resources Policy in Indian Country |
28 Vermont Law Review 713 (Spring, 2004) |
C1-3Table of Contents L1-2,T2Introduction 713. I. The Origins of the Discovery Doctrine. 719 II. Judicial Recognition of Indian Title: Fletcher v. Peck. 726 III. Judicial Ratification of the Discovery Doctrine: Johnson v. M'Intosh. 731 IV. Clarifying Aboriginal Rights and Federalizing Indian Affairs: The Cherokee Cases. 747 V. The Legacy of the... |
2004 |
Yes |
| Michael C. Blumm |
Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-making and Modern Natural Resources Policy in Indian Country |
28 Vermont Law Review 713 (Spring, 2004) |
C1-3Table of Contents L1-2,T2Introduction 713. I. The Origins of the Discovery Doctrine. 719 II. Judicial Recognition of Indian Title: Fletcher v. Peck. 726 III. Judicial Ratification of the Discovery Doctrine: Johnson v. M'Intosh. 731 IV. Clarifying Aboriginal Rights and Federalizing Indian Affairs: The Cherokee Cases. 747 V. The Legacy of the... |
2004 |
Yes |
| Matthew D. Marden |
Return to Europe? The Czech Republic and the Eu's Influence on its Treatment of Roma |
37 Vanderbilt Journal of Transnational Law 1181 (October, 2004) |
The Czech Republic has faced much criticism in the past fifteen years for the treatment of its Romani minority community. The European Union has successfully applied informal, non-legal means of pressuring the Czech Republic into making some changes necessary to improve living conditions for Roma. With the Czech Republic's recent accession to the... |
2004 |
|
| Dr. Parvez Hassan , Azim Azfar |
Securing Environmental Rights Through Public Interest Litigation in South Asia |
22 Virginia Environmental Law Journal 215 (2004) |
I. Introduction. 216 II. Environmental Challenges and Executive Failure in South Asia. 218 A. The Nature of the Challenge. 218 B. Legislative Structures: An Illusion of Progress. 220 III. The Story of Public Interest Litigation in South Asia. 223 A. Public Interest Litigation and Environmental Concerns. 223 B. The Origins of Public Interest... |
2004 |
|
| Sanford Levinson |
Shards of Citizenship, Shards of Sovereignty: on the Continued Usefulness of an Old Vocabulary |
21 Constitutional Commentary 601 (Summer 2004) |
I agreed to review this excellent book some two years ago, shortly after it came out; the pressure of other commitments led me to take much longer completing my task than I had intended. However, almost all clouds have silver linings; my delay has enabled me, upon rereading the book, both to see new implications in 2004 that I might have missed in... |
2004 |
|
| Franklin G. Snyder |
Sharing Sovereignty: Non-state Associations and the Limits of State Power |
54 American University Law Review 365 (December, 2004) |
Introduction. 366 I. Reconsidering the Role of the State and Other Associations in Defining Community. 370 A. The Idea of the State. 370 B. The Role of Business Enterprises. 378 C. The Problem of State Centered Analysis. 382 II. Detaching Sovereignty from the State. 384 III. Towards a More Inclusive Theory of Associations. 389 A. Pluralism. 389 B.... |
2004 |
|
| Richard H. Seamon |
Slaying the Dying Dragon of State Sovereignty |
66 University of Pittsburgh Law Review 321 (Winter 2004) |
[A] terrible dragon had ravaged all the country round a city of Libya, called Selena, making its lair in a marshy swamp. Its breath caused pestilence whenever it approached the town, so the people gave the monster two sheep every day to satisfy its hunger, but, when the sheep failed, a human victim was necessary and lots were drawn to determine the... |
2004 |
|
| Richard L. Reinhold |
Some Things That Multilateral Tax Treaties Might Usefully Do |
57 Tax Lawyer 661 (Spring, 2004) |
C1-2TABLE OF CONTENTS Page I. INTRODUCTION. 663 A. Historic International Tax Framework. 665 1. General. 665 2. Tax Treaties. 667 B. Multilateral Tax Treaties. 668 II. MULTINATIONAL SERVICE PARTNERSHIPS. 671 A. Partnerships and Tax Treaties. 671 B. Proposal Regarding Taxation of Partners of Multinational Service Partnerships. 673 III. INTERNATIONAL... |
2004 |
|
| Anne-Marie Slaughter |
Sovereignty and Power in a Networked World Order |
40 Stanford Journal of International Law 283 (Summer 2004) |
[T]here is a separate and critical need for programs like this one-- programs devoted to the real nitty gritty of law enforcement against international cartels, where frontline enforcers can meet one another and try to solve common practical problems. -- Former Assistant Attorney General Joel Klein, commenting on an international workshop for... |
2004 |
|
| Anna-Marie Tabor |
Sovereignty in the Balance: Taxation by Tribal Governments |
15 University of Florida Journal of Law and Public Policy 349 (Summer, 2004) |
I. L2-4,T4Introduction 350 II. L2-4,T4Understanding Tribal Powers to Tax 353 A. L3-4,T4A Brief History of Federal Indian Policy 353. B. L3-4,T4Balance of Powers 360. C. L3-4,T4Tribal Taxes 365. D. L3-4,T4Taxing Nonmembers After Montana and Colville 368. III. L2-4,T4State Taxation 372 A. L3-4,T4State Tax Power 373. B. L3-4,T4Legal Incidence Versus... |
2004 |
Yes |
| Lara Gardner |
State Employers Are Not Sovereign: by Analogy, Transfer the Market Participant Exception to the Dormant Commerce Clause to States as Employers |
79 Chicago-Kent Law Review 725 (2004) |
This Note argues that states should be treated as market participants and not be given sovereign immunity under the Eleventh Amendment when they are acting as private employers. Through an expansive reading of the Eleventh Amendment, the Supreme Court has restricted the right of state employees to sue under federal statutes intended to protect... |
2004 |
|
| Virginia F. Milstead |
State Sovereign Immunity and the Plaintiff State: Does the Eleventh Amendment Bar Removal of Actions Filed in State Court? |
38 John Marshall Law Review 513 (Winter 2004) |
California recently filed suit against multiple energy suppliers in California state court, alleging unfair competition arising from California's energy crisis of 2000 and 2001. The defendants promptly removed the action, alleging bases for federal jurisdiction. The state moved to remand the action, arguing among other things, that the removal was... |
2004 |
|
| Jeffrey W. Childers |
State Sovereign Immunity and the Protection of Intellectual Property: Do Recent Congressional Attempts to "Level the Playing Field" Run Afoul of Current Eleventh Amendment Jurisprudence and Other Constitutional Doctrines? |
82 North Carolina Law Review 1067 (March, 2004) |
Introduction. 1069 I. Description of the IPPRA of 2003 and the Draft Leahy/Hatch Amendments. 1076 A. Purposes of the IPPRA of 2003. 1077 B. Equalization of Intellectual Property Remedies by Conditional Waiver. 1079 C. Clarification of Remedies Available for Infringement by State Officers and Employees. 1080 D. Liability of States for Constitutional... |
2004 |
|
| Kenneth R. Thomas |
State Sovereign Immunity: Will its Application to Student Loans Prove "Bankrupt"? |
51-APR Federal Lawyer 26 (March/April, 2004) |
Even though five federal courts of appeals have held that federal bankruptcy laws cannot be used to abrogate state sovereign immunity under the 11th Amendment, the Sixth Circuit has held to the contrary. This case, Hood v. Tennessee Student Assistance Corp., is currently before the Supreme Court. The Court's track record in the area of sovereign... |
2004 |
|
| Michael J. Lichtenstein, Swidler Berlin Shereff Friedman LLP Washington, D.C., mjlichtenstein@swidlaw.com |
Supreme Court Ducks Sovereign Immunity Question |
23-AUG American Bankruptcy Institute Journal 28 (July/August, 2004) |
Under the Eleventh Amendment to the U.S. Constitution, no individual may sue a state without its consent. Using its powers granted under the Bankruptcy Clause in Article I of the Constitution, Congress enacted §106 of the Bankruptcy Code, under which sovereign immunity is expressly abrogated. The circuit courts have split on whether or not Congress... |
2004 |
|
| by Ralph C. Anzivino |
Tennessee Student Assistance Corp. |
2003-04 Preview of United States Supreme Court Cases 252 (2/16/2004) |
Section 106 of the Bankruptcy Code abrogates a state's sovereign immunity in bankruptcy. A debtor filed a complaint in bankruptcy court against the state of Tennessee to discharge her student loans. Tennessee claims that § 106 of the Bankruptcy Code violates the Eleventh Amendment, which protects a state's sovereign immunity. Does Congress have the... |
2004 |
|
| Alberto J. Gil Ibáñez |
The "Standard" Administrative Procedure for Supervising and Enforcing Ec Law: Ec Treaty Articles 226 and 228 |
68-WTR Law and Contemporary Problems 135 (Winter 2004) |
Although the Treaty Establishing the European Community (EC Treaty or Treaty) has created several procedures for combating Member States' breaches of European Community (EC) law, the European Commission (Commission) enforcement procedure under EC Treaty Articles 226 and 228 is still the most far-reaching and most commonly used. This Article... |
2004 |
|
| Winston P. Nagan, FRSA , Craig Hammer |
The Changing Character of Sovereignty in International Law and International Relations |
43 Columbia Journal of Transnational Law 141 (2004) |
This Article makes observations on the concept of sovereignty; we suggest that the concept be studied using the contextual mapping method articulated by the New Haven School of jurisprudence. We observe tension in applying the concept to developing and developed states, and explore the possibility that sovereignty can be abused. We propose state... |
2004 |
|
| Sandeep Gopalan |
The Creation of International Commercial Law: Sovereignty Felled? |
5 San Diego International Law Journal 267 (2004) |
I. Introduction. 268 II. The Landscape. 268 A. The Nature of Harmonization. 272 1. Harmonization Defined. 274 2. Historical Context. 276 B. Arguments for the Creation of International Commercial Law. 278 1. Divergent National Laws Cause Problems. 278 . 2. National Laws May be Inadequate for International Transactions. 282 3. Modernization and... |
2004 |
|